1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, suffering from PTSD, and other anxiety and mood disorders before entering the service, which led to the applicant self-medicating with illicit substances. The applicant's preexisting mental health condition was exacerbated by the deployment to Afghanistan, constant harassment within the unit, and abuse by the applicant's leadership. The applicant states the severity of the applicant's mental health problems during service, where a complex interplay of genetic and environmental factors played a role in developing a distorted internal working model characterized by mistrust, leading to increased anxiety, depressed, failure to adjust, and irrational decision making. The applicant contends having reported incidents of harassment prior to discharge which went overlooked. The applicant accepts responsibility for conduct leading to discharge, contends the discharge was inequitable, and states an upgrade in characterization would release the stigma surrounding the applicant's discharge and allow the applicant to make a meaningful and positive impact. In a records review conducted on 14 April 2022, and by a 5 - 0 vote, the Board determined the discharge is inequitable based on the Board's accepted AWOL basis for separation that was fully mitigated by applicant's PTSD. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 15, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 3. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 24 February 2017 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 6 years, 25 weeks b. Age at Enlistment / Education / GT Score: 28 / One Semester of College / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 2 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (14 April 2010 - 1 April 2011) f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 29 March 2011; and, From "Dropped From Rolls (DFR)," to "PDY", effective 13 June 2016. i. Lost Time / Mode of Return: 5 years, 1 month, 15 days (AWOL, 29 April 2011 - 13 June 2016) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Family PsychSolutions report, dated 16 May 2016, indicates the applicant was diagnosed with: Major Depressive Disorder; PTSD; Cocaine use disorder, in early remission; and Unspecified Personality Disorder with borderline traits. VA Center letter, dated 17 May 2016, reflects the applicant received treatment for symptoms indicative of PTSD. Chronological Record of Medical Care, dated 9 August 2016, indicates the applicants "Problems" as follows: other reactions to severe stress; cocaine dependence, in remission; Major Depressive Disorder, recurrent severe without psychotic features; PTSD, chronic; acute reactions to stress; Anxiety; Adjustment Disorder with Anxiety and depressed mood; and described the applicant's thought process as "logical and goal-directed, and Insight, judgment and impulse control as "unimpaired". The report also indicates the applicant met criteria for Other Specified Trauma-and Stressor-Related Disorder, and did not meet criteria for PTSD, stating "the applicant has a full range of PTSD-like symptoms. However, they are the result of childhood sexual abuse, and not because of any event that meets DSM-5 Criterion A for PTSD." The report notes the applicant's posttraumatic symptoms stemming from childhood were reinforced by military experiences. Chronological Record of Medical Care, dated, 16 September 2016, reflects a diagnosis of Anxiety NOS. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; DA Form 4187 (two); self- authored statement (two); discharge orders; VA Center letter; VA, request for and authorization to release medical record; Family PsychSolutions report; Discharge Summary Report; character letter; University of Houston acceptance letter; college transcript; Chronological Records of Medical Care; and Confidentiality notice. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states volunteering with a veteran social service organization, and an organization which helps individuals with substance abuse issues and adolescents get back on the right track. The applicant expressed, after receiving constant therapy, finding the root of chronic mental problems, and taking the appropriate steps to no longer rely on illicit substances to subdue pain. The applicant provided a certificate from University of Houston's Psychology honor society, and the Spring 2018 University of Houston Dean's List reflecting the applicant's name. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, sec II.) (7) Paragraph 10b stipulates Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper. (8) Chapter 15 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's AMHRR is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The current DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of general (under honorable conditions). The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 10, AR 635-200, with an under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2- 3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends suffering from PTSD, and other anxiety and mood disorders, which after being exacerbated by military service, affected the applicant's decision making, mitigating the conduct which lead to discharge. The AMHRR is void of a Mental Status Evaluation. The applicant provided a Family PsychSolutions report, dated 16 May 2016, indicating the applicant was diagnosed with: Major Depressive Disorder; PTSD; Cocaine use disorder, in early remission; and Unspecified Personality Disorder with borderline traits; VA Center letter, dated 17 May 2016, reflecting the applicant received treatment for symptoms indicative of PTSD; Chronological Record of Medical Care, dated 9 August 2016, indicating the applicants "Problems" as follows: other reactions to severe stress; cocaine dependence, in remission; Major Depressive Disorder, recurrent severe without psychotic features; PTSD, chronic; acute reactions to stress; Anxiety; Adjustment Disorder with Anxiety and depressed mood; and described the applicant's thought process as "logical and goal-directed, and Insight, judgment and impulse control as "unimpaired". The same report also indicated the applicant met criteria for Other Specified Trauma-and Stressor-Related Disorder, and did not meet criteria for PTSD, stating "the applicant has a full range of PTSD-like symptoms. However, they are the result of childhood sexual abuse, and not because of any event that meets DSM-5 Criterion A for PTSD." The report notes the applicant's posttraumatic symptoms stemming from childhood were reinforced by military experiences; and Chronological Report of Medical Care, dated 16 September 2016, reflecting a diagnosis of Anxiety NOS. The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends being denied the right to an administrative board before being separated with the characterization Under Other Than Honorable Conditions. The applicant contends harassment and discrimination by members of the applicant's unit, and chain of command. The applicant states some instances of harrasment were reported, however, there is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. The third party statement provided with the application speaks highly of the applicant. It recognizes the applicant's good character in the Army. The applicant states currently volunteering with veterans and adolescents in the community, helping individuals with substance abuse, making positive strides with mental health management, ending use of illicit drugs, joining an honor society in school, and making the Dean's List. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends the circumstances surrounding the inequity of the discharge, also warrant a restoration of the grade to E-4. The applicant's requested change to the DD Form 214 does not fall within this board's purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found applicant held in-service diagnoses of chronic PTSD, Major Depressive Disorder, and Anxiety that could mitigate the AWOL as the Board accepted basis for applicant's separation. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant held in-service diagnoses of chronic PTSD, Major Depressive Disorder, and Anxiety. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor determined that PTSD mitigates the Board accepted basis of separation. The Board's Medical Advisor opined the applicant's chronic PTSD mitigates the AWOL given the nexus between PTSD and avoidance. (4) Does the condition or experience outweigh the discharge? Yes. The Board applied liberal consideration and concurred with the opinion of the Board's Medical Advisor, a voting member, that applicant's PTSD fully mitigated applicant's AWOL, and therefore applicant did not have any remaining valid basis for separation. b. Response to Contentions: (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention during the proceedings. (2) The applicant contends suffering from PTSD, and other anxiety and mood disorders, which after being exacerbated by military service, affected the applicant's decision making, mitigating the conduct that lead to discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD fully mitigating the applicant's AWOL basis of separation, and therefore the discharge was inequitable. (3) The applicant contends the discharge should have been for medical reasons. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD fully mitigating the applicant's basis for separation. (4) The applicant contends being denied the right to an administrative board before being separated with the characterization Under Other Than Honorable Conditions. The Board considered this contention but found that the AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. (5) The applicant contends harassment and discrimination by members of the applicant's unit, and chain of command. The Board considered this contention but found that the BH record revealed the applicant's PTSD was exacerbated by military service to include combat experiences and harassment, however, based the Board decision on applicant's PRSD fully mitigating the AWOL basis for separation. (6) The applicant contends good service, including a combat tour. During its proceedings, the Board considered the length and quality of service to include a combat tour. (7) The applicant states currently volunteering with veterans and adolescents in the community, helping individuals with substance abuse, making positive strides with mental health management, ending use of illicit drugs, joining an honor society in school, and making the Dean's List. The ADRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge must be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. In this case, Board considered this contention during proceedings, but ultimately did not rely on this contention due to an upgrade being granted based on the applicant's PTSD fully mitigating the applicant's basis for separation (8) The applicant contends the circumstances surrounding the inequity of the discharge, also warrant a restoration of the grade to E-4. The Board determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. c. The Board determined the discharge is inequitable based on the applicant's PTSD fully mitigating the Board's accepted AWOL as the basis for applicant's' separation. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had chronic PTSD which mitigated the applicant's AWOL which formed the basis of separation making the discharge inequitable. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Secretarial Authority under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JFF. (3) The Board voted to change the RE code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason / SPD code to: Secretarial Authority / JFF d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200, Chapter 15 Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE R20210003052 9